Legal Opinion
In re Christina M.
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 1998PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: The determination of Family Court that respondent sexually abused his stepdaughter and thereby neglected his two other children is supported by a preponderance of the evidence (see, Family Ct Act § 1046 [b]; Matter of Nicole V., 71 NY2d 112, 117, rearg denied sub nom. Matter of Francis Charles W., 71 NY2d 890). The order, however, recites that the three children were abused. Where, as here, an order and decision conflict, the decision controls (see, Di Prospero v Ford…
2Cases cited4 opinions
- In re Nicole V.New York Court of Appeals · 1987
- Di Prospero v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1984
- In re James HH.Appellate Division of the Supreme Court of the State of New York · 1996
- Littlefield v. Goldome BankAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by5 opinions
- Triplett v. ScottAppellate Division of the Supreme Court of the State of New York · 2012
- In re Alexis H.Appellate Division of the Supreme Court of the State of New York · 2011
- Oliver v. OliverAppellate Division of the Supreme Court of the State of New York · 2010
- H., ALEXIS, MTR. OFAppellate Division of the Supreme Court of the State of New York · 2011
- TRIPLETT, ALICE v. SCOTT, DARRYLAppellate Division of the Supreme Court of the State of New York · 2012